PRINTER'S NO. 1931
No. 1458 Session of 1990
INTRODUCED BY MADIGAN AND REGOLI, FEBRUARY 13, 1990
REFERRED TO LABOR AND INDUSTRY, FEBRUARY 13, 1990
AN ACT
1 Amending the act of January 17, 1968 (P.L.11, No.5), entitled
2 "An act establishing a fixed minimum wage and overtime rates
3 for employes, with certain exceptions; providing for minimum
4 rates for learners and apprentices; creating a Minimum Wage
5 Advisory Board and defining its powers and duties; conferring
6 powers and imposing duties upon the Department of Labor and
7 Industry; imposing duties on employers; and providing
8 penalties," providing for certain exceptions from the minimum
9 wage provisions.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Section 4(d) of the act of January 17, 1968
13 (P.L.11, No.5), known as The Minimum Wage Act of 1968, is
14 amended to read:
15 Section 4. Minimum Wages.--Except as may otherwise be
16 provided under this act:
17 * * *
18 (d) An employe whose earning capacity is impaired by
19 physical or mental deficiency or injury may be paid less than
20 the applicable minimum wage if either a license specifying a
21 wage rate commensurate with the employe's productive capacity
1 has been obtained by the employer from the secretary or a
2 Federal certificate is obtained under section 14(c) of the Fair
3 Labor Standards Act of 1938 (52 Stat. 1060, 29 U.S.C. § 201 et
4 seq.). Such license shall be granted only upon joint application
5 of employer and employe.
6 Section 2. Section 5(b) of the act, amended December 10,
7 1974 (P.L.916, No.303), is amended to read:
8 Section 5. Exemptions.--* * *
9 (b) Employment in the following classifications shall be
10 exempt from the overtime provisions of this act:
11 (1) Seaman;
12 (2) Any salesman, partsman, or mechanic primarily engaged in
13 selling and servicing automobiles, trailers, trucks, farm
14 implements, or aircraft if employed by a nonmanufacturing
15 establishment primarily engaged in the business of selling such
16 vehicles to ultimate purchasers;
17 (3) Any driver employed by an employer engaged in the
18 business of operating taxicabs;
19 (4) Any employe employed as an announcer, news editor, or
20 chief engineer by a radio or television station, the major
21 studio of which is located (i) in a city or town of one hundred
22 thousand population or less, according to the latest available
23 decennial census figures as compiled by the Bureau of the
24 Census, except where such city or town is part of a standard
25 metropolitan statistical area, as defined and designated by the
26 Bureau of the Budget, which has a total population in excess of
27 one hundred thousand, or (ii) in a city or town of twenty-five
28 thousand population or less, which is part of such an area but
29 is at least forty airline miles from the principal city in such
30 area;
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1 (5) Any employe engaged in the processing of maple sap into
2 sugar (other than refined sugar) or syrup;
3 (6) Employment by an establishment which is a motion picture
4 theatre[.];
5 (7) Any employe of a motor carrier with respect to whom the
6 Federal Secretary of Transportation has power to establish
7 qualifications and maximum hours of service under 49 U.S.C. §
8 3102(b)(1) (relating to requirements for qualifications, hours
9 of service, safety and equipment standards).
10 * * *
11 Section 3. No claim shall be made for overtime wages
12 pursuant to the act to which this is an amendment by an employee
13 of a motor carrier with respect to whom the Federal Secretary of
14 Transportation has power to establish qualifications and maximum
15 hours of service under 49 U.S.C. § 3102(b)(1) (relating to
16 requirements for qualifications, hours of service, safety and
17 equipment standards) after the effective date of this act.
18 Section 4. This act shall be retroactive to February 1,
19 1989.
20 Section 5. This act shall take effect immediately.
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